RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE DOWNTOWN CORE PROJECT (STATE CLEARINGHOUSE NO. 2022110624), GENERAL PLAN AMENDMENT NO. 22-010 (PART NO. 1 OF GENERAL PLAN AMENDMENT CYCLE NO. 3 OF 2023) AMENDING THE GENERAL PLAN LAND USE MAP AND GENERAL PLAN TEXT FOR CHAPTER 15: LAND USE, ZONING, AND URBAN DESIGN, CHAPTER 9: COMMUNITY MOBILITY AND CIRCULATION, AND CHAPTER 14, DOWNTOWN AREA PLAN, FOR THE IMPLEMENTATION OF THE DOWNTOWN CORE TO ALLOW HIGHER DENSITY HOUSING, MIXED USES, AND COMMERCIAL DEVELOPMENT TO ESTABLISH INCREASED RESIDENTIAL DENSITY, MIXED, AND COMMERCIAL USES, PROMOTE WALKABILITY, AND CREATE A LOCAL AND REGIONAL DESTINATION IN THE DOWNTOWN.
WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018 and the Zoning Code Update was adopted by the City Council on September 19, 2019; and WHEREAS, on March 28, 2019, the City of Fontana applied for the State of California SB2 grant to secure fundings for the increase in housing development; and WHEREAS, the project site is approximately 478 acres and is bounded by Foothill Boulevard on the north, Randall Avenue on the south, Juniper Avenue on the west, and Mango Avenue on the east; and WHEREAS, the Downtown Core is a City initiated project that is a part of the State of California’s SB2 legislation to increase housing density in the City; and WHEREAS, it is the City goal to build a downtown that will provide for entertainment, retail, service and residential uses; and WHEREAS, implementing a new land use designation of Walkable Mixed-Use Downtown Core (WMXU-3) to the General Plan would accommodate higher density residential development and attractive commercial development to make the City’s downtown a local and regional destination hub for entertainment, retail, service and residential uses; and WHEREAS, amending Chapters 9 (Community Mobility and Circulation),14 (Downtown Area Plan) and 15 (Land Use, Zoning, and Urban Design) of the General Plan will increase residential density within the Downtown Core and establish the Sierra Avenue pedestrian plaza that would facilitate an attractive local and regional destination in the Downtown Core; and WHEREAS pursuant to Government Code Section 65358 on July 25, 2023 the City Council adopted one General Plan Amendment in the following three parts; MCN No. 22-118 (Downtown Core), MCN22-084 (the Heights at Southridge Project), and MCN No. 22-053 (Citrus/Oleander Industrial Commerce Center Project); and, WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; and WHEREAS, on July 18, 2023, the Planning Commission received public testimony and evidence presented by City staff (applicants), and other interested parties, at the public hearing held for the project including the Final EIR (State Clearinghouse No. 2022110624), General Plan Amendment (GPA) No. 22-010 and Zoning Code Amendment (Zone Change) No. 22-010, and approved and recommended the project for approval to the City Council by Resolution No. 2023-028; and WHEREAS, on July 25, 2023, the City Council conducted a noticed public hearing on the Downtown Core Project Final EIR (State Clearinghouse No. 2022110624), General Plan Amendment (GPA) No. 22-010, and Zoning and Development Code Amendment (Zone Change) No. 22-010, received testimony from all parties, and the staff report, as well as testimony from the project applicant and others; and WHEREAS, based on the information presented to the City Council at the public hearing held for General Plan Amendment (GPA) No. 22-010, the testimony received, and the supporting documents in evidence, the City Council found that the amendment and project to be in conformance with the goals and policies of the General Plan as referred herein; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) (State Clearing House No. 2022110624) was prepared for General Plan Amendment (GPA) No. 22-010 and Zoning and Development Code Amendment (Zone Change) No. 22-010, and certified the EIR to address issues of potential concern of the proposed development. A Notice of Determination has been prepared; and WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning.
NOW, THEREFORE, the City Council RESOLVES as follows:
SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.
ECTION 2. CEQA. Consistent with the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the Downtown Core Project Environmental Impact Report (“EIR”) (State Clearinghouse No. 2022110624) was prepared for the General Plan Amendment and Zoning Code Amendment. The City Council has certified the Downtown Core Project EIR and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.
SECTION 3. Findings. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 22-010 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.
Findings of Fact: The City of Fontana is updating the General Plan in order to allow higher density residential development and to create a destination area in the Downtown for the local and regional communities. This update includes implementing goals and policies designed to allow for higher density residential, mixed and commercial uses, enhanced walkability, and the creation of attractive public spaces through high quality development and an attractive pedestrian plaza. Chapter 9— Community Mobility Circulation, will allow a pedestrian plaza on Sierra Avenue between Arrow Boulevard and Orange Way. Chapter 14—Downtown Area Plan, will designate a plan to create an attractive Downtown and establish a pedestrian plaza. Chapter 15—Land Use, Zoning, and Urban Design, will establish the Walkable Mixed-Use Downtown Core (WMXU-3) to implement the Downtown Core and allow higher density to stimulate an active Downtown.
SECTION 4. Approval. Based on the findings in Section 3, the City Council of the City of Fontana hereby approves General Plan Amendment No. 22-010 to change the land use designation of the project area from Walkable Mixed-Use Corridor & Downtown (WMXU-1) to Walkable Mixed Use Downtown Core (WMXU-3) as shown in Exhibit A and amend the General Plan text of Chapters 9, Community Mobility and Circulation shown in Exhibit B (Attachment No. 3), 14, Downtown Area Plan shown in Exhibit C (Attachment No. 4), and 15, Land Use, Zoning, and Urban Design, as shown in Exhibit D (Attachment No. 5) attached hereto and incorporated herein by reference as fully set forth herein.
SECTION 5. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zoning District Map Amendment (Zone Change) No. 22-010, provided however, if the ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.
SECTION 6. Resolution Regarding Custodian of Record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
APPROVED AND ADOPTED this 25th day of July 2023.
READ AND APPROVED AS TO LEGAL FORM:
_____________________
City Attorney
ATTEST:
I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 25th day of July 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
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City Clerk
Exhibit A
General Plan Existing Land Use Categories
ATTACHMENT NO. 2
Resolution No. 2023-_____